[cc-community] publicity rights (was Re: NC/ND)

Peter Brink peter.brink at brinkdata.se
Tue Dec 20 13:22:17 EST 2011


drew Roberts skrev 2011-12-20 14:08:
> On Tuesday 20 December 2011 06:11:56 Alan Cox wrote:
>
> 1:
>>> get model releases from the subjects where appropriate
>
> 2:
>>> or not get any
>>> model releases at all and just leave it up to anyone wanting to use the
>>> photos in a way that would require a model release, I don't have any feel
>>> at all for how
>>
>> I don't believe the latter case is actually permissible in Europe on a
>> strict reading of EU data protection law at least. It's a database of
>> personal data including sensitive data. If you have it searchable by
>> person (eg so you can find people by name etc as opposed to just being
>> '500 people on a street') and you are in the EU you should probably also
>> be registered as a data controller.
>>
>> Alan
>
> In the latter case (2) I did not intend to keep a record of who was in the
> photo, that would be up to those who wanted to make a use of the photo that
> needed a release to do the research necessary to get that release. (Or am I
> misunderstanding your point?)
>

Anything that can be used to identify a living person is personal data 
and a photo of a person is sensitive personal data according to EU data 
protection law...

/Peter Brink



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